Occupier's liability Flashcards
What are the two acts for occupiers’ liability?
Occupiers’ Liability Act 1957 in respect of visitors.
Occupiers’ Liability Act 1984 in respect of trespassers.
What is the duty of care in respect of occupiers’ liability under the 1957 Act?
Loss is suffered due to the state of the premises.
The occupier must have a sufficient degree of control over the premises.
A visitor has express or implied permission to be on the land.
What is meant by a ‘sufficient degree of control’ in respect of occupiers’ liability under the 1957 Act?
Someone who has the ability to ensure the premises are safe for visitors.
Includes common areas, multiple occupiers and independent contractors.
How can a visitor have express or implied permission to be on the land in respect of occupiers’ liability under the 1957 Act?
Express - licence
Implied - occupier’s behaviour, such as following someone onto the land to deliver something.
Contractual permission
Lawful authority e.g. gas board officials.
How is the common duty of care breached in respect of occupiers’ liability under the 1957 Act?
What circumstances are taken into account?
What a reasonable occupier would do in circumstances such as:
Nature
Purpose
Seriousness of injury
Adequate warning signs
Cost and practicality to avoid the danger
Who are special visitors in respect of occupiers’ liability under the 1957 Act?
Children - additional precautions should be put in place for allurement.
Skilled visitors - they are expected to guard against any special risks which are incidental.
Independent contractors - provided the conditions are satisfied.
How can liability be discharged to an independent contractor in respect of occupiers’ liability under the 1957 Act? (3)
The occupier entrusts the work to an independent contractor.
The occupier took steps to satisfy themselves that the contractor was competent.
The occupier took steps to satisfy the completed work was properly done.
What defences can apply in respect of occupiers’ liability under the 1957 Act?
Consent - they know of the risk but take it anyway.
Contributory negligence - injury is caused due to their own carelessness.
Liability is excluded in limited circumstances.
Can liability be excluded for private occupiers in respect of occupiers’ liability under the 1957 Act?
If they display a prominent notice at the entrance of the property.
Can liability be excluded for business occupiers in respect of occupiers’ liability under the 1957 Act?
They cannot exclude PI or death of a non-consumer.
They can exclude damage to a visitor’s property if fair and reasonable.
Can liability be excluded for trader occupiers in respect of occupiers’ liability under the 1957 Act?
They cannot exclude PI or death of a consumer.
They can exclude damage to a visitor’s property if fair and reasonable.
What is the duty of care in respect of occupiers’ liability under the 1984 Act?
The occupier must be aware of the danger or have reasonable grounds to believe the risk exists.
The occupier must know or have reasonable grounds to believe the trespasser is in the vicinity of danger or they may come into the vicinity.
The risk must be one which the occupier may reasonably be expected to offer the trespasser some protection. Considers seriousness of the risk, age of the trespasser and costs/practicality.
How can the duty be limited in respect of occupiers’ liability under the 1984 Act?
It is limited to damage caused from the state of the premises.
It is only owed for personal injury and death, not the trespasser’s property.
How can the duty of care be breached in respect of occupiers’ liability under the 1984 Act?
Can it be discharged?
Where an occupier falls below the standard of a reasonable occupier.
The duty may be discharged by an adequate warning, but this is still inadequate for children.
What defences can apply in respect of occupiers’ liability under the 1984 Act?
Consent - aware of the risk but take it anyway.
Contributory negligence - trespasser injured due to their own carelessness.
